- 6 - insure the life [of] THOMAS MARTIN SEAMAN. * * * * * * * g. Fifty percent (50%) of the disposable mili- tary retired pay currently being received by THOMAS MARTIN SEAMAN and a like amount of disposable military retired pay which THOMAS MARTIN SEAMAN shall receive in the future. As of the date on which petitioner’s divorce became effec- tive, section 1408 of title 10 of the United States Code (title 10) defined the term “disposable retired pay” to which peti- tioner’s divorce decree and petitioner’s property settlement agreement referred. That section provided in pertinent part: § 1408. Payment of retired or retainer pay in compli- ance with court orders (a) In this section: * * * * * * * (4) “Disposable retired * * * pay” means the total monthly retired * * * pay to which a member [of an armed force or a uniformed service] is entitled * * * less amounts which-- * * * * * * * (C) are properly withheld for Federal, State, or local income tax purposes, if the withholding of such amounts is authorized or required by law and to the extent such amounts withheld are not greater than would be authorized if such member claimed all dependents to which he was entitled; 10 U.S.C. sec. 1408(a)(4)(C) (1982 & Supp. IV 1986). On November 5, 1990, Congress enacted the National Defense Authorization Act for Fiscal Year 1991, Pub. L. 101-510 (NDA Act), 104 Stat. 1485. As pertinent here, in the NDA Act, Con-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007